Atlanta Child Custody Lawyer
Helping Parents Come to Fair Custody and Arrangements in GA
The sensitive issue of child custody is frequently one of the most emotional and challenging aspects of a contested divorce. Tensions run at their highest when divorcing parents cannot agree on custody arrangements. Our Atlanta family law firm can help.
Warner Bates leads the legal profession in supporting parents engaged in a custody battle. The depth and breadth of our experience and dedication to divorce and family law, and specifically custody disputes, is unmatched.
If you would like to schedule a consultation with an Atlanta child custody attorney regarding your case, we would love to help.
Contact the Atlanta child custody attorneys at Warner Bates today to learn more! Call our law firm at (770) 766-8148 today.
How Does Child Custody Work in Georgia?
All US states operate under the Uniform Child Custody Act (UCCA), which is designed to eliminate inter-state child custody issues.
During child custody battles, most courts try and ensure that the children are able to see both parents and aim for a custody agreement that allows both parents to develop and maintain a strong relationship with the children (with the exception of cases where a parent is a danger to the child).
There are two types of custody, legal custody and physical custody:
- Physical custody concerns where the children reside. For example, if the children only stay with one parent, that parent has physical custody.
- Legal custody concerns who has the right to make decisions for the children about a variety of matters, including healthcare, school choices, religion, etc.
Additionally, there are two types of custody arrangements, joint custody and sole custody:
- In joint custody arrangements, children reside with both parents equally or semi-equally. For example, a custody arrangement where children spend 60% of their time with one parent and 40% with the other is still considered joint custody.
- In sole custody arrangements, the children stay with one parent at all times. In most sole custody arrangements, the parent who does not have custody of the children will engage in visitations, where they come to spend time with the children. Depending on the circumstances of the child custody arrangement, visitation may or may not be supervised by a law enforcement professional (LEP) or child services professional if the court thinks such precautions are warranted.
It's important to note that sometimes, even if a parent has sole custody and physical custody of their children, they may not have total legal custody of their children.
In Georgia, children over the age of 14 are allowed to decide which parent they live with.
How Do Courts Decide Which Parent Gets Custody?
Like divorce cases, many child custody cases are settled out of court. In situations where both parents are estranged and cannot come to a compromise, the case will be resolved in court.
However, in cases where the parents are on decent terms and are willing to work together to determine a custody arrangement, most courts would prefer to have child custody cases resolved by a mediator or the parents’ attorneys.
Either way, the child custody arrangement will be determined by a parenting plan. Parenting plans include a variety of details, such as:
- A detailed arrangement for how the parents will handle custody. If the parents settle on a joint custody arrangement, the parenting plan will determine which days of the week and holidays each parent gets the children for, as well as details such as where the children will be exchanged. A detailed custody plan can help resolve any tension associated with the case.
- Details concerning legal and physical custody. For example, if the parents have shared legal custody, neither parent has the right to force their personal religious beliefs on the children or make unanimous decisions concerning medical care or schooling. The parenting plan will contain detailed provisions about these kinds of details and establish what boundaries the parents wish to set.
- Plans of action for a variety of issues. For example, what will happen if one of the parents moves to a different city or state and can't visit the children in person anymore? What sort of relationship should the children have with any new partners the parents take on? What is each parent expected to provide for the children so they can have a good quality of life? These details allow the court to ensure the parents have a comprehensive child custody plan in place that covers all their needs.
